0
Can an executor find ways to keep one of his sibling from receiving an inheritance as outlined in the will by directing executor fees toward that sibling's allotment or other methods?
Wiki User
∙ 15y ago
No. An executor cannot take his fees from one beneficiary's share of the estate. He must follow the instructions in the will. He must perform his duties honestly and according to the law. The debts and costs of probating the estate come out of the assets first. If there is not enough left to pay the full amount of the legacies then they must be pro-rated equally. The executor cannot discriminate against one beneficiary.
Wiki User
∙ 15y ago
Add your answer:
Earn +20 pts
Can a person who was living with your dad prevent his children from being appointed executor of his estate?
No, not unless they were married or he appointed them as executor in his will.No, not unless they were married or he appointed them as executor in his will.No, not unless they were married or he appointed them as executor in his will.No, not unless they were married or he appointed them as executor in his will.
How much does the executor get paid in Kansas?
how much does an executor get paid in arkansas
Can an excutor of a will tell someone What is in the will before its told to everyone?
The executor has no right to see the will prior to the death of the testator. The testator may provide the named executor with an unsealed copy or allow the named executor to read the will but that would be entirely voluntary on the part of the testator.
Does the executor have the right to a key to the temporarily occupied home of decedent?
Yes, once appointed executor by the probate court, in order to collect the decedent's property for distribution. If necessary, the executor can pay an extra months rent in order to have access. If the decedent was being cared for in someone's home the executor is not entitled to a key but the owner should provide access to the executor so that they may collect the decedent's property.Yes, once appointed executor by the probate court, in order to collect the decedent's property for distribution. If necessary, the executor can pay an extra months rent in order to have access. If the decedent was being cared for in someone's home the executor is not entitled to a key but the owner should provide access to the executor so that they may collect the decedent's property.Yes, once appointed executor by the probate court, in order to collect the decedent's property for distribution. If necessary, the executor can pay an extra months rent in order to have access. If the decedent was being cared for in someone's home the executor is not entitled to a key but the owner should provide access to the executor so that they may collect the decedent's property.Yes, once appointed executor by the probate court, in order to collect the decedent's property for distribution. If necessary, the executor can pay an extra months rent in order to have access. If the decedent was being cared for in someone's home the executor is not entitled to a key but the owner should provide access to the executor so that they may collect the decedent's property.
What happens in Texas when the executor of the will was incarcerated for a felony?
The court will not appoint someone to be an executor if they are incarcerated. The court can appoint anyone as the executor and will often appoint a bank or lawyer to take care of the estate.
Are executor fees taxable if the executor receives none of the inheritance?
Fees received by an executor are not classified as inheritance and therefore are not subject to an inheritance tax, but they are classified as income, and are subject to income tax.
Can the executor benefit from the will?
Yes, the executor can also be a beneficiary of the Will. Also, in most jurisdictions the executor can be paid from the estate for their services up to a certain amount that is generally set forth in the probate laws.
Are executor fees taxable income if the deceased was a family member and the executor was also a beneficary?
There is a distinction between money the executor receives as compensation for administering the estate and money the executor receives as an inheritance. The fees are taxable income, the inheritance is not.
Is the executor responsible for distributing inheritance?
That is the job of the executor. To distribute the estate and liquidate the assets.
Can an executor spend inheritance money with out consulting the beneficiaries when those beneficiaries do not know the valuje of there inheritance?
The executor can use the money for the benefit of the estate, not for their personal use. They are entitled to payment for their services.
Can you cash an inheritance check and still sue the executor?
Yes. You can sue as long as you have a valid complaint against the executor.
Can an executor take back money that is not wanted by an heir?
An heir may decline to accept an inheritance. The executor then has to distribute the assets per the will.
Can you get an inheritance if you owe child support?
A lien can be placed on an inheritance for child support arrears. If the custodial parent knows of your pending inheritance a claim can be filed in the estate and the executor must pay it out of your inheritance.
How do you find out if you have an inheritance coming?
Essentially, the only way to find out about an inheritance is when notification is made. If you believe that you may have an inheritance coming, it is best to contact the executor of the decedent's estate.
How does one collect an inheritance?
You need to talk with the executor of the estate. The probate court should be able to assist you in locating who has been appointed as executor.
Can you benefit from the will if you are the executor?
Yes, nothing prohibits the executor from receiving part of the estate. In fact, it is more common than not for the executor to receive something, as for example, where a husband leaves his estate to his spouse and makes her his executor.
What will happen if you sign a receipt and waiver before receiving your bequest from an estate?
NOT a good idea to do that. By signing that paperwork you acknowledge that you actually have received whatever is stipulated in the will. If the Executor does not follow through and give you your inheritance, you will be on weak legal ground when trying to claim it.
